Sharing Sound, LLC v. Apple, Inc. et al

Filing 11

Joint MOTION to Dismiss without Prejudice by Sharing Sound, LLC. (Attachments: # 1 Text of Proposed Order)(Spangler, Andrew)

Sharing Sound, LLC v. Apple, Inc. et al

Doc. 11

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION SHARING SOUND, LLC, Plaintiff, v. APPLE, INC., SONY ERICSSON MOBILE COMMUNICATIONS AB, SONY ERICSSON MOBILE COMMUNICATIONS INC., SONY CORPORATION OF AMERICA, SONY ELECTRONICS, INC., SONY COMPUTER ENTERTAINMENT INC., SONY COMPUTER ENTERTAINMENT AMERICA, INC., SONY CORPORATION, RHAPSODY INTERNATIONAL, INC., NAPSTER, L.L.C. BRILLIANT DIGITAL ENTERTAINMENT, INC., MICROSOFT CORPORATION, Defendants. JOINT MOTION TO DISMISS WITHOUT PREJUDICE WHEREAS, Sony Ericsson Mobile Communications (USA) Inc. ("SEUS") and Sony Ericsson Mobile Communications AB ("SEAB") represent to Plaintiff Sharing Sound, LLC ("Sharing Sound") that neither entity has control over the "Sony Connect" service. WHEREAS, SEUS and SEAB represent to Plaintiff Sharing Sound that it has not received any revenues related to the "Sony Connect" service.

Case No. 2:10-cv-162 JURY TRIAL DEMANDED

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WHEREAS, SEUS and SEAB represent that neither entity will file a declaratory judgment action relating to any Sharing Sound patent for at least nine (9) months from the date of filing of this dismissal. NOW, THEREFORE, based upon the above representations, Sharing Sound, through its attorneys of record, requests the Court to dismiss Sharing Sound's claims for relief against SEUS and SEAB without prejudice, and with all attorneys' fees, costs of court and expenses borne by the party incurring same.

Dated: May 24, 2010

/s/ Andrew W. Spangler Andrew W. Spangler Texas State Bar No. 24041960 Todd Y. Brandt Texas State Bar No. 24027051 Spangler Law, PC 208 N Green St., #300 Longview, TX 75601-7312 Telephone: [phone] Gregory P. Love State Bar No. 24013060 Scott E. Stevens State Bar No. 00792024 Darrell G. Dotson State Bar No. 24002010 STEVENS LOVE P.O. Box 3427 Longview, Texas 75606 Telephone: (903) 753­6760 Facsimile: (903) 753­6761 [e-mail] [e-mail] [e-mail] Attorneys for Sharing Sound, LLC

CERTIFICATE OF SERVICE I hereby certify that the counsel of record who are deemed to have consented to electronic service are being served today with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3).

s/ Andrew W. Spangler Andrew W. Spangler